The paradoxical nature of freedom (was Re: Do patents really foster innovation?)

From: Brett Paatsch (paatschb@ocean.com.au)
Date: Sat Mar 08 2003 - 19:00:18 MST

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    Lee Daniel Crocker writes:

    > First of all, let's change the rules: the burden of proof is on
    > those who wish to support patents, not those who wish to
    > remove them, because freedom should always be the default.
    .
    > Patents reduce freedom.
    .
    The notion that freedom or the extension of freedom should
    always be pursued is an interesting but paradoxical one.

    Seems individually and collectively we (humans) are only
    ever free within bounds. In another way as I think Sartre put
    it we are condemned to be free. Choices and the imputing
    of meaning on an essentially meaningless universe falls to us
    individually and collectively. Part of the process of personal
    development for social creatures like us is acquiring (and
    sometimes surpassing) the contemporary constructs that
    constitute the prevailing social constructions of reality. In one
    sense we (humans) have more freedom than many of us
    (humans) can handle. We construct edifices to cut down
    these freedoms to what we can deal with. We
    anthropomorphise. We create gods, we label Nature, we
    invent consciousness. And some of us need to cut these
    down more than others. But then we all eat, sleep and the
    rest in a material world. And no amount of jumping dreaming
    or wishing separates us from the material substrates on
    which our consciousness currently resides so we must
    prioritise. For even dreaming of extending freedom is an
    exercise pursued by mortals within the contingency of time.

    At one level, like, it seems to me anyway, most intelligent
    people, I support free speech, free association, freedom
    of religion (and from these things which give rise to
    paradoxes in itself - where does one groups right to religion
    impede my right to be free from their religion) but it often
    seems to be forgotten that these freedoms are asserted
    against a perceived arbitrary or changeable limitation they
    are not really sensible when asserted as absolutes.

    The argument for free speech as I understand it to have
    been put by the likes of Mills and Voltaire was essentially
    an argument made within the confines of particular societies
    by persons aspiring and working for better societies (and
    perhaps sometimes more specifically for societies that would
    be better for them).

    But constraints on our freedoms come from a number of
    sources and ultimately it is not merely the tyrannies of societies
    that constrain us, it is also the contingent nature of a broader
    than social reality.

    Reality is in part a social construct yes, but that's not the whole
    story. The universe presents to us individually as well. Individuals
    can practice a scientific way of looking at the world and
    individuals can and do think for themselves. 1 +1 = 2 regardless
    of what society says on the matter though society can change the
    words it cannot intercede between the mind of the individual and
    their apprehension of the core concepts.

    And there is no appeal that can be made that will make one and
    one make other than two. Freedom has limits that are not
    merely social limits. There are some truths and these are not
    further reducible or deniable. Contingency exists in the universe
    and therefore freedoms are finite in certain dimensions. We may
    perceive no "roof" and therefore no total volume of freedom is
    fixable but there are "walls" that are real in more than a social
    sense.

    Brett

    [Must be the rant I have when I'm not mentioning the war. ;-) ]



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